(PC) Morris v. Modhaddam et al, No. 2:2018cv02850 - Document 87 (E.D. Cal. 2021)

Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 4/13/2021 VACATING the 82 Findings and Recommendations filed 3/9/2021 and GRANTING plaintiff 30 days to file oppositions to the summary judgment motion filed by defendant Bishop on 2/4/2021, and the summary judgment motion filed by defendant Tesluk on 4/6/2021. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CONDALEE MORRIS, 12 Plaintiff, 13 14 No. 2: 18-cv-2850 MCE KJN P v. ORDER G. MODHADDAM, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. On March 19, 2021, the undersigned recommended that this action be 19 dismissed based on plaintiff’s failure to file a notice of change of address. (ECF No. 82.) On 20 March 31, 2021, plaintiff filed objections to the findings and recommendations. (ECF No. 84.) 21 Good cause appearing, the findings and recommendations are vacated. 22 Pending before the court are motions to dismiss filed by defendants Bishop and Tesluk. 23 (ECF No. 41, 64.) Defendants Bishop and Tesluk also filed motions for summary judgment. 24 (ECF No. 78, 85.) Plaintiff has not filed an opposition to defendant Bishop’s summary judgment 25 motion filed February 4, 2021. Defendant Tesluk filed his summary judgment motion on April 6, 26 2021. 27 28 The undersigned intends to consider the pending motions to dismiss and summary judgment motions at the same time. Accordingly, plaintiff is granted thirty days to file 1 1 oppositions to both pending summary judgment motions. 1 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The March 19, 2021 findings and recommendations (ECF No. 82) are vacated; 4 2. Plaintiff is granted thirty days from the date of this order to file oppositions to the 5 summary judgment motion filed by defendant Bishop on February 4, 2021, and the 6 summary judgment motion filed by defendant Tesluk on April 6, 2021. 7 Dated: April 13, 2021 8 9 10 Morr2850.vac 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 In his objections to the March 19, 2021 findings and recommendations, plaintiff states that he was denied access to his legal documents for two months following his transfer to California State Prison-Sacramento. These circumstances may explain plaintiff’s failure to oppose defendant Bishop’s summary judgment motion. 2

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